Can a member sue an HOA to remove a property manager?

Personally, I think you need to talk to a lawyer and this site is not intended to handle legal questions.

Can you explain the relationship of the PM to the HOA your HOA has? Are you still developer controlled? Typically a PM is hired by the HOA to help them manage the HOA. The PM should have little role in elections or some HOA procedures.

I believe the ENTIRE HOA board needs to review the PM's contract. Need to see the end or renewal date on the contract. Find 2 to 3 other PM companies to get bids. This way when the date comes around to end the contract the HOA will have options with a new PM company. This would be the most beneficial outcome for everyone involved.

Now I can't speak if your arrest was or was not "public knowledge". If it was ever published in a newspaper or put on the news, hard to argue "not public information". Also people can CHOOSE if this is something that would make them NOT vote for you. Most of the time ONLY requirement to run for a board position is to be in good standing with your dues and be on the title. Otherwise, unless there are legal reasons in your state or federal level, not sure how a previous criminal record has any bearing.

Any lawsuit you have would be YOU and the PM, most likely not with the HOA. The PM could be considered "slandering". Which is a criminal offense. This is something you would need to consult a lawyer in pursuing a lawsuit against this person on a PERSONAL level. Suing a HOA is suing yourself and your neighbors. Plus this sounds more like a personal issue.

I briefly went through a similar situation. Did not commit any crime. However, someone went around telling people that I had. Later they had to reveal they had lied about all of it. After that no one believed much what that person said. It sucked but I knew the truth. Others will too.

I'm not in any legal line of work.But, since the felony compliant was dismissed, isn't the PM's sending out to owners 20 y.o charge against you some kind of defamation of character? I agree with ElleN that it might be good to pay a lawyer to advise you of your rights, if any, in this situation. What kind of lawyer??

If your PM works for a management company, you might consider meeting with the owner/CEO and showing them the evidence of what their employee did. If, of course, you have nay other evidence of the PM acting improperly for financial gain, submit that too. I don't know this either, but perhaps the MC owner needs to act to erect their CAM certificate, etc.?

In any case, it seems like this is an issue between you & the PM. I don't think, that, even if elected, you'd be able to convince the rest of the Board, of which you'd be only one vote, to sue the PM. Possibly you'd be able to convince the Board to fire the PM.

Meanwhile were you on the ballot? Our HOA requires a written candidate statement, etc., to be on the ballot. What do your Election Rules,--required in CA -- require. Just asking someone wouldn't get anyone on a ballot here. In addition, in general, folks don't run in an HOA election to be president. They run to be on the board of directors. Among themselves, directors usually choose a president in an open meeting.

I've never read an HOA issue like described here. I don't think you can sue your HOA to break a contract with a property manager. As for the manager's tactics in doxxing you, that's interesting and very dirty pool on the manager's behalf. Good luck with this.

If the property manager's a CAM, that could be another option by notifying the certification agency. And if the property manager has a supervisor, the OP should definitely contact him or her as well.

I agree with others that the CAM's actions are unethical and possibly a violation of whatever code of conduct that may be required if they have professional certifications. And depending on what was actually said, it can be defamatory. Accusing someone of committing a crime is per se defamation, and if it would go to court, damages would be assumed - the person who has been defamed does not have to prove that damages occurred. I can see why a homeowner would want to sue over this. However...

An HOA is a corporation and the board has the final say about hiring and firing a CAM. Anyone can sue anyone else for any reason - but that doesn't mean that the case would go anywhere. The aggrieved party *would* possibly have a valid case for suing the CAM directly. They should preserve any evidence they have - such as anything that was put in writing - and have a talk with a lawyer about whether or not this is worth pursuing. "Worth pursuing" may include things like a career being damaged because of rumors.

The management company probably has access to LexisNexis (or similar database) or the ability to run a criminal background check. Most companies have an account for those type of services. I would probably bet that is how the PM was able to discover it. Another possibility is they paid for a report out of their own pocket to gather dirt on the OP. Proving it is a different story. I would definitely bring it up with their supervisor or MC owner.

In Florida, a person who has been convicted of a felony and hasn't had their rights restored for at least 5 years is ineligible to run for the board. It could be that the PM was doing a check to make sure there wasn't a felony on the record. If they shared the record with anyone but the board members then that's a problem, however, I can see the PM checking with the insurance agent for clarification because of the Directors and Officers insurance.